Smt.Santoshi Bai vs Dharamveer Jat

NEUTRAL CITATION NO. 2026:MPHC-JBP:87741
1 MA-4842-2008
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE B. P. SHARMA
th
ON THE 30 OF OCTOBER, 2026
MISC. APPEAL No. 4842 of 2008
CNR No.: MPHC010402672008
SMT.KAMINI GOTEKAR @ SANTOSHI BAI AND OTHERS
Versus
DHARMVIR JAT (R1 DELETED AS HON.C.O. DATED 01/07/2026 AND
OTHERS
Appearance:
Mr. Mukesh Kumar Sulakhe - Advocate for the appellants.
Mr. Jitendra Singh Pathariya - Advocate for the respondent No.3/
Insurance Company.
WITH
MISC. APPEAL No. 2294 of 2009
CNR No.: MPHC010193272009
SMT.SANTOSHI BAI
Versus
DHARAMVEER JAT AND OTHERS
Appearance:
Mr. Vipin Sharma - Advocate for the appellant.
Mr. Jitendra Singh Pathariya - Advocate for the respondent No,3 /
Insurance Company.
ORDER
These two connected miscellaneous appeals arise out of the common
award dated 26.08.2008 passed by the Motor Accident Claims Tribunal,
Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 06-11-2026
17:37:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:87741
2 MA-4842-2008
Balaghat, in M.V.C. No. 26/2007. The claimants in both appeals sought

compensation for the death of Basant Kumar, who died in a motor accident
on 10.02.2006. The deceased was a pillion rider on a motorcycle when it was
hit by a truck bearing registration No. HR-69-3018, driven rashly and
negligently by respondent No. 1, owned by respondent No. 2, and insured
with respondent No. 3.
2. The primary dispute before the Tribunal was determining the
legally wedded wife of the deceased. Appellant Smt. Kamini Gotekar (in
M.A. No. 4842/2008) claimed to be the wife along with her two minor
children, mother, and brother as dependents. Conversely, Smt. Santoshi Bai
(Appellant in M.A. No. 2294/2009) intervened, claiming she was the solely
wedded wife and nominee in the deceased's service records. The Tribunal
dismissed the claims entirely, holding that the claimants were busy proving
their respective status as successors rather than proving the accident and
negligence.
3. Learned counsel for the appellants submit that the learned
Tribunal has erroneously rejected the claim petitions on the ground that rash
and negligent driving of the offending vehicle has not been proved. It is
submitted that before the Tribunal eye-witness Ashok (A.W.2) has
categorically stated that at the time of the accident, he was present on the
spot and saw that the offending truck was being driven in a rash and
negligent manner. It is also submitted that the incident happened on
10.02.2006 at 15:30 hrs and FIR was lodged just after 15 minutes on the
same day in which the offending truck number is clearly mentioned. It is
Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 06-11-2026
17:37:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:87741
3 MA-4842-2008
submitted that the investigation agency also found that the offending vehicle

was being driven in a rash and negligent manner. It is also submitted that the
evidence of A.W.2 Ashok remained intact during cross-examination. In such
a situation, learned Tribunal has committed error in rejecting the claim
petitions.
4. Learned counsel for the appellants jointly submit that the age of
the deceased was 29 years at the time of the incident. He was working as a
watchman. It is, therefore, prayed that proper and adequate compensation be
awarded to the claimants to meet the ends of justice.
5. Learned counsel for the second wife namely Santoshi Bai. submits
that Santoshi Bai is legally wedded wife of the deceased. She had also
preferred claim petition for compensation before the learned Tribunal and the
Tribunal has wrongly dismissed her claim. It is, therefore, prayed that
compensation be awarded to her.
6. Learned counsel for the Insurance Company submits that the
learned Tribunal has rightly assessed the evidence and arrived at a conclusion
that there is no evidence on record to prove that the incident happened due to
rash and negligent driving of the offending vehicle. It is submitted that no
error has been committed by the Tribunal in rejecting the claim petitions.
7. Heard the learned counsel for the parties and perused the record.
8. So far as the negligence on the part of the driver of the offending
vehicle is concerned, the claimants have examined eyewitness Ashok Bhosle
(A.W.2), who has categorically stated that at the time of the accident, he was
present on the spot and saw that the offending truck was being driven in a
Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 06-11-2026
17:37:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:87741
4 MA-4842-2008
rash and negligent manner. His evidence remained intact during cross-

examination. It is also proved that FIR (Ex. P/4) was lodged just after 15
minutes of the incident on the same day in which the registration number of
the offending truck is clearly mentioned. The Tribunal has found that the
deceased died due to motor accident. Investigating agency also found the
same. In view of aforesaid, there is sufficient evidence on record to prove
that the accident happened due to rash and negligent driving of the offending
truck.
9. So far as the disbursement of compensation is concerned, it is
established from the record that Smt. Santoshi Bai, sole appellant in M.A.
No. 2294 of 2009 is the second wife of the deceased Basant Kumar. The first
wife of deceased Basant Kumar is Smt. Kamini Gotekar, appellant in M.A.
No. 4842 of 2008. Smt. Kamini Gotekar has produced succession certificate
in support of her claim. There is no evidence on record to show that deceased
entered into wedlock with second wife after divorcing his first wife.
Hence, claim of Smt. Kamini Gotekar as the legally wedded first wife of the
deceased, alongside her minor children and mother, is recognized for the
purpose of granting compensation. The claim of the second wife, Smt.
Santoshi Bai, is hereby rejected. Consequently, M.A. No. 2294 of 2009 filed
by Smt. Santoshi Bai stands dismissed.
10. So far as the quantum of compensation is concerned, it is evident
from the record that age of deceased is disputed, at some places it is
mentioned as 27 years and others it is mentioned as 29 years, hence Life
Insurance Policy of the deceased is taken into consideration, where his date
of birth is mentioned as 12.08.1979, thus the deceased was 26 years old on
Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 06-11-2026
17:37:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:87741
5 MA-4842-2008
the date of incident. Based on the principles laid down by the Hon'ble

Supreme Court for computation of compensation, the award is calculated as
follows:
Nominal Monthly Wage: Rs. 2,330/-
Add: Future Prospects (40%): Rs. 932/-
Total Monthly Income for Calculation: Rs. 3,262/-
Annual Income: Rs. 3,262/- × 12 = Rs. 39,144/-
Less: 1/4th Deduction for Personal Expenses (considering 5
dependents): Rs. 9,786/-
Net Annual Dependency: Rs. 29,358/-
Multiplier (for age 26 years): 17
Total Loss of Dependency: Rs. 29,358/- × 17 = Rs.
4,99,086/-
Loss of Consortium: Rs. 2,00,000/- (Rs. 40,000/- each for 5
dependents)
Funeral Expenses & Loss of Estate: Rs. 30,000/
Total Compensation Payable:
Loss of Dependency: Rs. 4,99,086/-
Conventional Heads: Rs. 2,30,000/-
Total compensation : Rs. 7,29,086/-
11. In view of aforesaid, M.A. No. 4842 of 2008 filed by Smt. Kamini
Gotekar and others is partly allowed. The respondents (Driver, Owner, and
Insurance Company) are held jointly and severally liable to pay the
compensation of Rs. 7,29,086/- to the appellants in M.A. No. 4842 of
2008. The awarded amount shall carry an interest @ 6% per annum from the
date of filing the claim petition till its actual realization. The Insurance
Company is directed to deposit the amount before the Claims Tribunal
Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 06-11-2026
17:37:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:87741
6 MA-4842-2008
within 60 days from the date of this order.

12. M.A. No. 2294 of 2009 filed by Smt. Santoshi Bai is dismissed.
13. This order shall be operative only on deposit of requisite Court fees.
14. Accordingly, both these appeals stand disposed of.
15. Record be sent to the concerned Tribunal.
(B. P. SHARMA)
JUDGE
VSG

Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 06-11-2026
17:37:13